AI Summary of Article 6 Expertise, independence and impartiality
Member States shall ensure ADR decision‑makers possess relevant ADR and legal expertise and are independent and impartial. Requirements include knowledge of alternative or judicial consumer dispute resolution and, for cross‑border cases, private international law; where decision‑makers are employed or remunerated exclusively by an individual trader, the ADR entity may access only case‑specific data provided by the trader or consumer; appointment for a term securing independence and protection from removal without just cause; freedom from instructions; remuneration not linked to outcome; and a continuing duty to disclose circumstances affecting independence (except where the ADR entity comprises only one natural person).
ADR entities must maintain procedures to replace, recuse or disclose conflicted persons and permit party objection (single‑person entities limited to recusal or disclosure). If procedures under Article 2(2)(a) are allowed, decision‑makers must be nominated by or form a collegial body with equal consumer and trader representation, serve a minimum three‑year term, observe a three‑year post‑service restriction on working for the trader or related bodies, be organisationally separate with a dedicated sufficient budget. Where employed by a professional organisation, a separate dedicated budget is required unless equal collegial composition applies. ADR entities must provide training; competent authorities shall monitor training schemes pursuant to Article 19(3)(g).
Article 6 Expertise, independence and impartiality
1. Member States shall ensure that the natural persons in charge of ADR possess the necessary expertise and are independent and impartial. This shall be guaranteed by ensuring that such persons:
(a) possess the necessary knowledge and skills in the field of alternative or judicial resolution of consumer disputes, as well as a general understanding of law and, when dealing with cross-border disputes, a general understanding of private international law;
(aa) where a dispute is handled by an ADR entity and the natural persons in charge of dispute resolution are employed or remunerated exclusively by the individual trader, the ADR entity shall have access only to the data strictly related to the case and specifically provided by the trader or the consumer;
(b) are appointed for a term of office of sufficient duration to ensure the independence of their actions, and are not liable to be relieved from their duties without just cause;
(c) are not subject to any instructions from either party or their representatives;
(d) are remunerated in a way that is not linked to the outcome of the procedure;